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Articles 1 - 24 of 24
Full-Text Articles in Law
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
James T Gathii
No abstract provided.
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho
Cynthia M Ho
No abstract provided.
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
A Collision Course Between Trips Flexibilities And Investor-State Proceedings, Cynthia M. Ho
Cynthia M Ho
This Article discusses an important, yet understudied threat to patent, as well as other intellectual property sovereignty under TRIPS: pending and potential challenges by companies under international agreements protecting investments. Although such agreements have existed for decades, Philip Morris and Eli Lilly are blazing a new path for companies to sue countries they claim interfere with their intellectual property rights through so-called investor-state arbitrations. These suits seek hundreds of millions in compensation and even injunctive relief for alleged violations of internationally agreed intellectual property norms. The suits fundamentally challenge TRIPS flexibilities at the very time the Declaration on Patent Protection …
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Katharine Van Tassel
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Intellectual Property And Public Health - A White Paper, Ryan Vacca, James Ming Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine Van Tassel
Intellectual Property And Public Health - A White Paper, Ryan Vacca, James Ming Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine Van Tassel
Katharine Van Tassel
On October 26, 2012, The University of Akron School of Law's Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants, and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Business Methods, Technology, And Discrimination, Daniel Harris Brean
Business Methods, Technology, And Discrimination, Daniel Harris Brean
Daniel Harris Brean
Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan
Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan
Srividhya Ragavan
The objective for this article is to understand the legitimacy and limitations of US involvement in another country’s sovereign actions taken expressly in the public interest, or to protect public health, such as the compulsory licensing of pharmaceuticals.
Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu
Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu
J. Janewa Osei-Tutu
International Cooperation And The Patent-Antitrust Intersection, Stephen Yelderman
International Cooperation And The Patent-Antitrust Intersection, Stephen Yelderman
Stephen Yelderman
Commentators have long recognized the need to coordinate questions at the patent-antitrust intersection with other policy levers available under patent law. In the international context, however, control over patent policy has been fractured and entrusted to diverse decisionmakers. Many details of patent law are tightly coordinated by international agreement, while others related to antitrust are left to national discretion. This Article evaluates the consequences of this fracture, and notes ways in which the prevailing treaty regimes (the Paris Convention and the TRIPS Agreement) distort incentives for national policymaking. National discretion at the patent-antitrust intersection can be expected to result in …
Adjudicating Trips For Development, Molly Land
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Frank A. Pasquale
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Katharine Van Tassel
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Yaniv Heled
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda B. Cook
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda B. Cook
Amanda B Cook
The Supreme Court has expressly recognized the possibility of a First Amendment defense to copyright infringement claims, but it has never actually found such a defense to apply to a case before it. And nearly every year, Congress enacts or attempts to enact more legislation that restricts speech under the banner of the copyright clause. The problem is that the natural right of free speech is being depleted by the legislatively granted right of intellectual property, putting both individual liberty and the public good at risk. Congress and the courts both must begin to remember that in the common law …
Rebalancing Trips, Molly K. Land
Rebalancing Trips, Molly K. Land
Molly K. Land
In recent years, global intellectual property scholarship has been preoccupied with “rehabilitating” the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). With some distance from the polarizing rhetoric that accompanied the early years of TRIPS, contemporary accounts laud the treaty as far more flexible and sensitive to the needs of developing countries than had previously been believed. This article argues that, contrary to these accounts, the fears of developing countries concerning TRIPS have indeed been realized—just not in the manner they imagined at the time of its conclusion. Although TRIPS does contain significant flexibilities, states have largely failed to take …
Some Reflections On Method And Policy In The Crowded House Of European Patent Law And Their Implications For India, Justine Pila
Some Reflections On Method And Policy In The Crowded House Of European Patent Law And Their Implications For India, Justine Pila
Justine Pila
This article considers the appropriate method for assessing substantive principles of European patent law, including limits on European patentability. In the argument made, European patent law is a crowded house in which “substantive convergence” around principles is inevitable but unsatisfactory: it will generally be the product of complex institutional dynamics as much as principled policy making, and in the absence of unified methodology and values will fail to ensure coherence or consistency within the European patent system. The implications of this argument with respect to India are then considered, and some reflections offered regarding India's experience of patent law harmonization …
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean M. Flynn
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean M. Flynn
Sean Flynn
Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade …
Will International Trade Law Promote Or Inhibit Global Artificial Photosynthesis, Thomas A. Faunce
Will International Trade Law Promote Or Inhibit Global Artificial Photosynthesis, Thomas A. Faunce
Thomas A Faunce
Artificial photosynthesis (AP) is an area of well-advanced research involving large international groups at the cutting edge of synthetic biology and nanotechnology. In simple terms it offers to produce a cheap source of hydrogen for fuel through using sunlight to split water, as well as making basic starches by a process involving absorption of carbon dioxide via the enzyme RuBisCO. As the proliferating numbers of university-based research teams working in this area begin to combine, there will be a natural escalation of the expected time for a global roll-out of AP domestic and international devices. Policy attention will then turns …
How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. Mcgill
How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. Mcgill
Aileen M McGill
After centuries of stagnant growth and international isolation, China has emerged as the fastest-growing economy in the world and one of the most important parties in international trade. This staggering growth and influx of foreign goods has led to rampant counterfeiting of brand-name goods in a society with little cultural basis for individual intellectual property rights. When Beijing was awarded the 2008 summer Olympics in 2001, the Chinese government moved quickly to prepare for this beloved international event, rallying this massive country for, what many considered to be their grand emergence onto the world stage. One of the reforms enacted …
Intellectual Property Rights And The Right To Participate In Cultural Life, Molly Land
Intellectual Property Rights And The Right To Participate In Cultural Life, Molly Land
Molly K. Land
Although many contend that human rights law is a justification for intellectual property rights, precisely the opposite is true. Human rights law is far more a limit on intellectual property rights than a rationale for such regimes. In a variety of ways, human rights law requires states to take specific, concrete steps to limit the effects of intellectual property rights in order to protect international human rights. This powerful and emancipatory dimension of human rights law has unfortunately been overshadowed by those who claim human rights as a basis for granting exclusive rights.
The U.N. Committee on Economic, Social, and …
Compulsory Licensing Of Patented Pharmaceuticals: Why A Wto Administrative Body Should Determine What Constitues A Public Health Crisis Under The Doha Declaration, Aileen M. Mcgill
Compulsory Licensing Of Patented Pharmaceuticals: Why A Wto Administrative Body Should Determine What Constitues A Public Health Crisis Under The Doha Declaration, Aileen M. Mcgill
Aileen M McGill
In response to concerns that patent protection for pharmaceuticals negatively affected world health, the WTO issued the Doha Declaration in 2001, allowing member nations to issue compulsory licenses for patented pharmaceuticals during a public health crisis. The terms of this Declaration allow countries to determine what constitutes a public health crisis, what terms are appropriate for compulsory licenses, and what medications they should be entitled to produce. This article argues that the Doha Declaration has not served countries most in need of inexpensive medications: least developed countries with high rates of HIV/AIDS. The terms of the Doha Declaration are too …
The Political Economy Of Aids Treatment: Intellectual Property And The Transformation Of Generic Supply, Kenneth C. Shadlen
The Political Economy Of Aids Treatment: Intellectual Property And The Transformation Of Generic Supply, Kenneth C. Shadlen
Ken Shadlen
This article examines the relationship between intellectual property (IP) and public health, with a focus on the extension of AIDS treatment in the developing world. While most of the literature on IP and health examines the conditions affecting poor countries’ capacities to acquire essential medicines, I show the distinct – and more complicated – political economy of production and supply. IP regulations alter the structure of generic pharmaceutical sectors in the countries capable of supplying essential medicines, and changes in market structure affect actors’ economic and political interests and capacities. These new constellations of interests and capacities have profound implications …
Facilitating Compulsory Licensing Under Trips In Response To The Aids Crisis In Developing Countries, Hans Henrik Lidgard, Jeffery Atik
Facilitating Compulsory Licensing Under Trips In Response To The Aids Crisis In Developing Countries, Hans Henrik Lidgard, Jeffery Atik
Hans Henrik Lidgard
The AIDS crisis in the developing world has become a priority for international collaboration. The challenge is to find a balance between the acknowledged need to protect large investments expended in developing new medicines and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency – which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing – …
When Is Fair Use Fair?: A Comparison Of E.U. And U.S. Intellectual Property Law, Eric Engle
When Is Fair Use Fair?: A Comparison Of E.U. And U.S. Intellectual Property Law, Eric Engle
Eric A. Engle
Analyzes whether U.S. exception to copyright for fair use of materials is consistent with WTO TRIPS. Concludes it is based on economic argument.